James E. Guzman v. State

Opinion

ACCEPTED

01-15-00149-CR

FIRST COURT OF APPEALS

HOUSTON, TEXAS

4/17/2015 12:38:05 PM

CHRISTOPHER PRINE

CLERK

No. 01-15-00149-CR

In the

Court of Appeals FILED IN 1st COURT OF APPEALS

For the HOUSTON, TEXAS First District of Texas 4/17/2015 12:38:05 PM At Houston CHRISTOPHER A. PRINE  Clerk

No. 1974171

In the County Criminal Court at Law No. 4 Of Harris County, Texas 

JAMES GUZMAN

Appellant

V.

THE STATE OF TEXAS

Appellee



STATE’S MOTION FOR EXTENSION OF TIME TO FILE BRIEF 

TO THE HONORABLE COURT OF APPEALS:

THE STATE OF TEXAS, pursuant to TEX. R. APP. P. 2 & 10.5, moves for

an extension of time in which to file its appellate brief and in its motion, would

show the Court the following:

1. The State charged appellant by information with assault, enhanced

with a prior conviction for felony assault-family member. (C.R. at 7)

Appellant pled guilty pursuant to a plea bargain agreement reached

between himself and the State. (C.R. at 10-11) Appellant was sentenced

to 120 days in the Harris County Jail with credit for eight days served.

(C.R. at 16) Appellant timely filed notice of appeal, however the trial court did not certify his right to appeal. (C.R. at 19; see C.R. at 23) The

State’s brief was due on April 17, 2015. The following facts are relied

upon to show good cause for an extension of time to allow the State to

file its brief:

a. The undersigned attorney was not assigned this brief until April 10, 2015.

b. Appellant’s appeal in this case is joined by appeals in two additional cases: Nos. 01-15-00150-CR and 01-15-00151-CR. These briefs were not assigned to the undersigned attorney until April 10, 2015.

c. The undersigned attorney was involved in the following written appellate projects during the time the undersigned attorney was assigned State’s reply brief in this case:

(1) Gary Martins v. State of Texas No. 14-14-00688-CR Brief Due: May 4, 2015 Brief Submitted: April 17, 2015 (2) Manuel Nava v. State of Texas No. 01-14-00628-CR Brief Due: May 6, 2015

(3) Sammie Davis v. State of Texas No. 14-14-00778-CR Brief Due: May 6, 2015

(4) Mark Mahlow v. State of Texas No. 01-14-00753-CR Brief Due: May 11, 2015

Consequently, the undersigned attorney has been unable to complete the State’s reply brief in this case in the time permitted despite due diligence, and the requested extension of time is necessary to permit the undersigned attorney to adequately investigate, complete, and file the State’s appellate brief for this cause. The State’s motion is not for purposes of delay, but so that justice may be done.

WHEREFORE, the State prays that this Court will grant a thirty day extension of

time for the undersigned attorney to complete and file the State’s appellate brief in

this case.

Respectfully submitted,

/s/ Patricia McLean PATRICIA MCLEAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 McLean_Patricia@dao.hctx.net TBC No. 24081687

CERTIFICATE OF SERVICE

This is to certify that a copy of the foregoing instrument will be served by mail to:

James E. Guzman, pro se TDC# 01023457; SPN 01125709 Texas Department of Criminal Justice P.O. Box 99 Huntsville, TX 77342-0099

/s/ Patricia McLean PATRICIA MCLEAN Assistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002-1923 (713) 755-5826 McLean_Patricia@dao.hctx.net TBC No.24081687

Date: April 17, 2015